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11 Aug 2022

Tipperary man suffered fracture when he fell into hole following shove in garden

Tipperary man suffered fracture when he fell into hole following shove in garden

Nenagh Court: Tipperary man suffered fracture when he fell into hole following shove in garden

A man who was pushed during an incident in his garden suffered a fracture when he went into a hole in the ground, Nenagh District Court was told.

Mateusz Kmiecik, with an address at Glentara Avenue, Roscrea, was charged with assault at Assumption Park, Roscrea, on March 31, 2019.

He was also charged with being drunk in public, threatening, abusive or insulting behaviour and failure to obey the directions of a garda on the same occasion.

His bother, Grzegorz, of the same address, was charged with being drunk in public, threatening, abusive or insulting behaviour and obstructing a police offer on the same occasion.

The court heard that the injured party had been at home when he was approached by the defendants who began pushing and pulling his jumper.

The injured party asked a neighbour to call the gardaí.
The injured party received a push and went into a hole in his garden and fell on his back, receiving a fracture.

When the gardaí arrived they observed the defendants trying to get over a wall but they were unsteady on their feet.

The became abusive and had to be pepper sprayed.

Their solicitor, Liz McKeever, said that the injured party had been a friend of her clients but there had been an issue when something had been said at work.

“They had alcohol and, unfortunately, the injured party received a serious injury from a minor assault,” she said.

Judge Elizabeth MacGrath said that the injured party had suffered “quite a serious injury, albeit unintended”.

She sentenced Mateusz Kmiecik to three months in jail, suspended for two years on his own bond of €500.

She fined him €200 for threatening, abusive or insulting behaviour, and a further €200 for failing to obey the directions of a garda.

Judge MacGrath fined Grzegorz Kmiecik €200 for obstructing a garda, and €150 for threatening, abusive or insulting behaviour.

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